Generally, landowners have a duty to maintain their premises in a reasonably safe condition in view of all the circumstances, including the likelihood of injury to others. But, a landowner has no duty to protect persons on its premises from unforeseen and unexpected assaults, which the landowner could not have reasonably anticipated or prevented.

In Tafsiou v Arms Acres, the Appellate Division, Second Department, affirmed the trial court order granting the defendant’s motion for summary judgment. In Tafsiou, the plaintiff alleged that he was injured on the defendant’s premises when a person who was involved in an altercation with another person fell on him. The defendant established that it could not have reasonably been expected to anticipate or prevent the subject incident, which occurred suddenly. As such, the defendant was not liable to plaintiff.

Thus, a defendant should never expect the unexpected, or they might find — liability.

Special thanks to Johan Obregon for his contributions to this post. For more information, please contact Bob Cosgrove at